John Kimble v. Dean Wither

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cv-00110-MFU Copies to all parties and the district court/agency. [999333753]. Mailed to: Kimble. [13-2448]

Appeal: 13-2448

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Filed: 04/10/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2448

JOHN B. KIMBLE,
Plaintiff – Appellant,
v.
DEAN WITHERS, CEO; DARLENE SITES; F&M BANK CORP,
Defendants - Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Michael F. Urbanski,
District Judge. (5:12-cv-00110-MFU)

Submitted:

March 27, 2014

Decided:

April 10, 2014

Before NIEMEYER and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

John B. Kimble, Appellant Pro Se. David Alvin Penrod, Grant
David Penrod, HOOVER PENROD PLC, Harrisonburg, Virginia, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-2448

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Filed: 04/10/2014

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PER CURIAM:
John
adopting

B.

Kimble

appeals

the

magistrate

judge’s

the

district

court’s

recommendation

to

order

dismiss

Kimble’s civil action, and its order denying relief under Fed.
R. Civ. P. 59(e). *
reversible error.

We have reviewed the record and find no
Accordingly, we affirm for the reasons stated

by the district court.

Kimble v. Withers, No. 5:12-cv-00110-MFU

(W.D. Va. Nov. 21 & Dec. 12, 2013).

We dispense with oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED

*

Although Kimble did not file a separate notice of appeal
from the latter order, we construe his amended informal brief as
a notice of appeal from that order.
See Smith v. Barry, 502
U.S. 244, 248-49 (1992).

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